BOARD MEETING DATE: March 7, 2008
AGENDA NO. 37

PROPOSAL: 

Proposed Rule 445 – Wood Burning Devices

SYNOPSIS: 

The South Coast Air Basin exceeds health-based standards for PM2.5 and must demonstrate attainment by 2015.  One of the strategies in the 2007 AQMP is a control measure to reduce fine particulate emissions from wood burning fireplaces and stoves. Many California air districts have similar rules in place, and staff has developed a proposal for the Board’s consideration to meet Health and Safety code requirements for all feasible measures.  The main elements of the proposed rule are standards for new construction and existing structures, requirements for commercial bulk wood sellers relative to selling unseasoned wood during certain months and a mandatory curtailment element.  Proposed rule implementation include extensive public outreach, as well. 

COMMITTEE: 

Wood Burning Devices Ad Hoc, November 30, 2007 and
February 26, 2008, Discussed. Stationary Source, November 16, 2007 and January 18, 2008, Reviewed

RECOMMENDED ACTION: 

Adopt the attached resolution:

1. Certifying the Final Environmental Assessment (EA) for Proposed Rule 445 – Wood Burning Devices; and
2. Adopting Proposed Rule 445 – Wood Burning Devices.

 Barry R. Wallerstein, D.Env.
 Executive Officer

Background

Residents of the South Coast Air Basin are exposed to some of the highest ambient concentrations of fine particulate matter (also referred to as PM2.5) in the nation. A study by CARB estimated that elevated PM2.5 levels in the South Coast Air Basin result in 5,400 premature deaths per year based on 1999/2000 air quality data. Emissions from residential wood combustion contribute to PM2.5 levels in the South Coast Air Basin and to the region’s exceedance of State and federal PM2.5 air quality standards. Due to the severity of the air quality problem in this region, the AQMD is required under State law (Health and Safety Code §39614) to adopt all feasible measures relative to other State programs to reduce particulate matter emissions from wood burning devices.

Based on an interpolation of U.S. Census data, it has been estimated that there are approximately 1.4 million fireplaces or stoves used in the South Coast Air Basin of which approximately 1.2 million are uncontrolled open hearth fireplaces.¹ Based on usage information collected by the CARB, PM2.5 emissions from fireplaces and wood stoves have been estimated at approximately six tons per annual average day in 2006. Emissions from gaseous-fueled devices are 99 percent less than wood burning devices.

In response to air quality conditions, PM-related health effects and State law, Proposed Rule 445 - Wood Burning Devices has been developed to reduce fine particulate matter emissions and corresponding wood smoke in the South Coast Air Basin. Emission reductions from Proposed Rule 445 have been estimated at approximately one ton per day by 2014.

An extensive outreach and education program will be implemented in conjunction with the proposed rule to inform the public of potential health effects from wood smoke and cleaner alternatives to traditional wood burning practices. The public will also be informed when it is not advisable to use wood burning devices due to poor air quality conditions in specific areas. An incentive program is also proposed as a separate complementary effort to provide financial incentives to the public to encourage the switch to lower emitting hearth products. This buy-down program is being proposed to the Governing Board as a separate item.

Air Quality Management Plan and Legal Mandates

The 2007 Air Quality Management Plan (AQMP) included a control measure (BCM-03) to reduce PM2.5 emissions from wood burning fireplaces and wood stoves. This control measure represents a State Implementation Plan (SIP) commitment to reduce PM2.5 emissions from wood burning devices by approximately one ton per day by 2014.

The AQMD is also required under Health and Safety Code §39614 to develop and adopt the most readily available, feasible and cost-effective control measures to reduce PM10 and PM2.5 based on rules, regulations and programs existing in California. Many California air districts and other states have already developed wood smoke control programs. Wood smoke controls were also included in the list of measures to reduce particulate matter as compiled by CARB pursuant to SB 656.

Public Process

A Working Group comprised of representatives of industry, agencies, environmental organizations and interested persons, was convened in July of 2006 to discuss key aspects of a potential wood smoke control program. Subsequent Working Group meetings were held in 2006 and early 2007. A Public Workshop and a Public Consultation meeting were also held in early 2007 at which time a draft rule and staff report were released. In response to comments from the CARB, a revised wood burning control measure was included in the 2007 AQMP, which was adopted by the AQMD Governing Board in June 2007, and subsequently by CARB in September 2007.

Based on the adopted 2007 AQMP wood burning control measure, a revised version of Proposed Rule 445 was released at a Working Group meeting during the fourth quarter of 2007. A public consultation meeting and an additional Working Group meeting on Proposed Rule 445 were also held on January 18, 2008.

In addition to the Working Group meetings and the Public Workshop/Consultation meetings, a one-day Technical Forum and Roundtable was conducted in August of 2007 to discuss issues associated with wood burning in Southern California. Ad-Hoc Committee meetings, including two AQMD Board members, were also held on November 30, 2007 and February 26, 2008 to further discuss Proposed Rule 445. Discussions of Proposed Rule 445 occurred at Stationary Source Committee, Local Government and Small Business Assistance Advisory Group, and Ethnic Community Advisory Group meetings.

Summary of Proposal

Proposed Rule 445 is applicable to the South Coast Air Basin only. Proposed Rule 445 is applicable to any specified person or business that manufactures, sells, or offers to sale, or installs a wood burning device. The Proposed Rule would affect large and small businesses and the general public. Examples of large businesses include the building industry and manufacturers of wood burning devices. Smaller businesses affected are hearth product retailers and commercial firewood facilities. The general public that burns wood could also be affected by the Proposed Rule 445 mandatory wood burning curtailment program that may be implemented in 2013 depending on the PM2.5 attainment status.

Beginning six months after adoption, all fireplaces installed in new developments are required to be gaseous-fueled or any other non-wood burning device. Proposed Rule 445 would establish a prohibition of sale for existing residential and commercial developments by requiring wood burning devices sold or installed in the South Coast Air Basin to be U.S. EPA Phase II-certified or equivalent. Proposed Rule 445 would prohibit the burning of any product not intended for use as a fuel (e.g., trash) in a wood burning device and would require commercial firewood facilities to only sell seasoned firewood (20% or less moisture content) from July through February.

Subsequent to rule adoption, an education and outreach program will be implemented to inform the public of the potential health effects from wood smoke, as well as cleaner alternatives to wood burning. The program will also inform the public when it is not advisable to use wood burning devices based on poor air quality conditions in specific areas. A mandatory wood burning curtailment program is also proposed during the wood burning season (November through February), beginning in November of 2013, if needed. During a mandatory wood burning curtailment period, the public will be required to refrain from both indoor and outdoor solid fuel burning in specific areas when PM2.5 concentrations are forecast to exceed 35 µg/m³ (federal 24-hour standard). Compliance activities, if required for residents under a mandatory curtailment program, would be accomplished through correspondence. Exemptions from the mandatory wood burning curtailments are provided for properties where a wood burning device is the sole heat source, low income households, properties without natural gas service, properties 3,000 or more feet above mean sea level, and ceremonial (religious) fires.

Proposed Incentive Program

As part of a complementary, separate effort, staff is proposing an incentive program for the Board to consider. The Rule and incentive program are independent of each other. Under the program, emission reductions are sought by providing monetary incentives (up to $150 per unit) to buy-down the cost of purchasing and installing natural gas hearth products in existing households with wood burning devices (e.g., fireplaces with natural gas plumbing). Financial support for the Natural Gas Hearth Product Buy-Down Pilot Program would be from Rule 1309.1 (Priority Reserve) funding. Separate Governing Board action is necessary to designate $500,000 in Rule 1309.1 funding (as amended in 2001) for the project and to authorize the release of the Program Announcement and Application.

Emissions Inventory, Reductions and Cost-Effectiveness

Emissions from residential wood burning devices result primarily from incomplete combustion and include PM, CO, NOx, SOx, and VOC, although particulate emissions have been the focus of air district wood smoke reduction programs. Additionally, incomplete combustion of wood produces polycyclic organic matter, a group of compounds classified as hazardous air pollutants under Title III of the federal Clean Air Act. The 2008 PM2.5 emissions inventory for residential wood combustion has been estimated at approximately 6.15 tons per annual average day.

AQMD staff has estimated that requiring the installation of dedicated gaseous-fueled fireplaces in new developments would reduce PM2.5 emissions by approximately 0.32 ton per day by 2014. The cost-effectiveness of the Proposed Rule 445 standards for new developments have been estimated to range from approximately $11,000 to $27,400 per ton of PM2.5 reduced. Additional emission reductions are associated with Proposed Rule 445 mandatory wood burning curtailment program that could be implemented during the 2013-2014 wood burning season. Based on a 2014 winter day emissions inventory, an average of 25 curtailment days forecasted per season and a seventy five percent compliance rate, the emission reductions from mandatory wood burning curtailments are estimated at 0.67 ton per day by 2014. These two rule elements are estimated to reduce approximately one ton of PM2.5 per day by 2014. Other elements of the rule are expected to reduce PM2.5 emissions but could not be quantified.

Key Issues

There are four key issues that have been brought up during development of Proposed Rule 445. These issues are summarized below and AQMD staff responses are included in the Attachment D to this Board letter and the staff report. Some industry representatives have requested that Proposed Rule 445 allow a wider range of hearth products in new developments, including U.S. EPA Phase II-certified wood burning heaters (e.g., fireplace inserts or stoves). Enforceability of Proposed Rule 445 provisions has been questioned. The U.S. EPA and others have requested an accelerated implementation of the mandatory wood burning curtailment program. A request has also been made for AQMD to identify use of manufactured firelogs in fireplaces as a cleaner alternative to burning cordwood.

California Environmental Quality Act (CEQA)

Pursuant to the California Environmental Quality Act (CEQA) and AQMD Rule 110, an Environmental Assessment (EA) for Proposed Rule 445 has been prepared (SCAQMD No. 090207JK, February 2007).  The purpose of the EA is to describe the proposed project and to identify, analyze, and evaluate any potentially significant adverse environmental impacts that may result from adopting and implementing Proposed Rule 445.

No significant adverse impacts were identified for any environmental topic including global warming gases in the Draft EA.  The Draft EA has been circulated to the public for a 30-day review and comment period from February 9, 2007 to March 13, 2007. One comment letter was received during the public review and comment period and will be addressed and included in the Final EA. The Final EA was available to the public on February 13, 2008.

Socioeconomic Assessment

Proposed Rule 445 would potentially affect homebuilders and commercial firewood sellers in the South Coast Air Basin. Additionally, Proposed Rule 445 would affect the general public who use wood burning fireplaces and other devices.

The total average annualized cost of Proposed Rule 445 from 2008 to 2020 is estimated to be approximately $4 million for installing gas logs. The majority of the cost, $3.9 million, will be incurred by homebuilders. Proposed Rule 445 is projected to have 126 jobs forgone annually in the entire four-county economy between 2008 and 2020 (less than one-hundredth of one percent of the total four-county employment). For comparison, the four-county area is expected to add 1.3 million jobs between 2008 and 2020.

Implementation and Resources

Existing AQMD resources are sufficient to conduct initial media outreach and working with stakeholders on the education and outreach program, conduct compliance activities, and refine the PM2.5 forecasting program. Staff may seek Board direction and additional funding for future needs.

Attachments (EXE 1.5MB)

1. Summary of the Proposal
2. Rule Development Process
3. Key Contacts List
4. Key Issues
5. Resolution
6. Rule Language
7. Staff Report
8. Environmental Assessment
9. Socioeconomic Report

¹ OMNI Environmental Resources, 2006. (return)